What do you do..

[DrPizza]

LOL....I love it when idiots with no clue pipe in on a thread.

You sir are a complete and total idiot. You have won the award.

If you're criticizing his point about being paid overtime, I think he's correct - the facts are that the employee is performing job duties that aren't even remotely connected to the types of duties that would make an employee exempt from overtime. i.e. McD's can't decide that "from now on, we're going to make you supreme executive grill manager, and you're going to flip burgers 60 hours a week instead of 40, and we'll pay you 40 and claim that you're exempt because of your title."

 

[Legendary]

2 years in HR and your friend doesn't know how to handle this situation? Yikes.

 

[BoomerD]

If you're criticizing his point about being paid overtime, I think he's correct - the facts are that the employee is performing job duties that aren't even remotely connected to the types of duties that would make an employee exempt from overtime. i.e. McD's can't decide that "from now on, we're going to make you supreme executive grill manager, and you're going to flip burgers 60 hours a week instead of 40, and we'll pay you 40 and claim that you're exempt because of your title."

True dat. A job title of and by itself does not make an employee exempt. The job duties have to also meet the requirements that make the employee exempt.

http://www.dol.gov/whd/regs/compliance/fairpay/main.htm

"To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. "

 

[SacrosanctFiend]

If you're criticizing his point about being paid overtime, I think he's correct - the facts are that the employee is performing job duties that aren't even remotely connected to the types of duties that would make an employee exempt from overtime. i.e. McD's can't decide that "from now on, we're going to make you supreme executive grill manager, and you're going to flip burgers 60 hours a week instead of 40, and we'll pay you 40 and claim that you're exempt because of your title."

And yet, you're making a generalization from one specific "job duty" that you don't know she even performs on a regular basis. I manage HR for five facilities, but I go underground to scale rock from time to time or shuttle people to the physician; doesn't mean I'm not an exempt employee.

To the OP: If she works in HR, she should know what to do, or she needs to find a different field to work in.

 

[RKS]

Even if there is a contract you can still walk out; you may have to pay but you can still walk out. I think my boss cuts off your big toes if you try to leave.